Office of the Attorney General
Notice Regarding Private Real Property Rights Preservation Act (SB 14) Guidelines
In 1995 the Legislature enacted Senate Bill 14, the Private Real Property
Rights Preservation Act. As required by that Act, the Office of the Attorney
General prepared Guidelines to assist governmental entities in identifying
and evaluating those governmental actions that might result in a taking of
private real property. Those Guidelines were published in the January 12,
1996, issue of the
Texas Register
(21 TexReg
387). The Act also requires the Attorney General to review the Guidelines
at least annually and revise them as necessary.
To assist this agency in its review process and its efforts to fully comply
with the Legislature's directive, the Office of the Attorney General invites
comments or suggestions concerning the Guidelines. Please submit all responses
by April 16, 1999, to:
Karen W. Kornell
Assistant Attorney General
Office of the Attorney General
Natural Resources Division
P.O. Box 12548
Austin, Texas 78711-2548
TRD-9901192
Elizabeth Robinson
Assistant Attorney General
Office of the Attorney General
Filed: February 26, 1999
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the
Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under
federal law, federal agency activities and actions affecting the Texas coastal
zone must be consistent with the CMP goals and policies identified in 31 TAC
Chapter 501. Requests for federal consistency review were received for the
following projects(s) during the period of February 19, 1999, through February
25, 1999:
FEDERAL AGENCY ACTIONS:
Applicant: Sunset Cove, L.L.C; Location: The project is located in the
East Flats of Corpus Christi Bay, approximately 2.75 miles south of Port Aransas,
Mustang Island, Nueces County, Texas; Project Number: 99-0057-F1; Description
of Proposed Action: The applicant proposes to extend the time of Permit 20159
for an additional three years. No work has been performed. Permit 20159 authorized
the dredging of approximately 140,000 cubic yards of sand by dragline or hydraulic
dredge to create canals for a proposed residential subdivision and golf course.
The dredge material will be placed in upland and wetland areas of the project
site. All excavated material will be retained by levees to prevent entry into
wetland areas. Impacted wetlands from the creation of the canals and placement
of dredged material are estimated to be approximately 23.28 acres of Phase
I and 7.62 acres for Phase II, respectively. Approximately 13,950 cubic yards
of sand will be placed in the designated wetland areas for either road crossings
or upland construction. Box culverts will be placed at each roadway crossing
of the wetlands to provide adequate water circulation. The applicant is proposing
to place 190 acres of wetlands and uplands into a conservation easement during
the construction of Phase I of the project. During Phase II of the project
an additional 320 acres will be placed into a conservation easement. The conservation
easements are proposed as mitigation for the impacts to the wetlands and will
be deeded to either the U.S. Fish and Wildlife Service or the Texas Parks
and Wildlife Department before any work is done on the proposed project. The
applicant does not own any of the acreage proposed to be placed into conservation
easement; Type of Application: U.S.A.C.E. permit application #20159(01) under
§10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and §404
of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Exxon Company, U.S.A.; Location: The project site is located
on the Duck Island Peninsula and in Exxon's existing Lagoon #1, near the confluence
of the Houston Ship Channel and Black Duck Bay, north of State Highway 146
and the Fred Hartman Bridge, in Baytown, Harris County, Texas; Project No.:
99-0058-F1; Description of Proposed Action: The applicant proposes to fill
approximately 4 acres of the Duck Island Peninsula to build a lay-down and
turnaround yard. Of the area to be filled, approximately 0.1 acre has been
determined to be a jurisdictional water of the United States. The applicant
also proposes to construct two earthen berms and two gates across their existing
Lagoon #1. The berms and gates will improve the quality of wastewater effluent
by providing better control of hydraulic residence time. Approximately 16.21
acres, 12.83 acres below the mean high water line and 3.38 acres above the
mean high water line, will be impacted by the construction of the berms and
gates. A minimum of 260,000 cubic yards of fill material, consisting of clean
soil and concrete, will be needed to perform all of the proposed work. The
jurisdictional waters that will be impacted by the proposed project are non-tidal.
They are primarily open water areas that contain little or no existing aquatic
vegetation. The water depth in these areas varies from several inches to several
feet; Type of Application: U.S.A.C.E. permit application #21586 under §404
of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: John Floyd; Location: The project is located on Burnett Bay,
at 125 North Burnett Bay Drive, in Baytown, Harris County, Texas; Project
No.: 99-0059-F1; Description of Proposed Action: The applicant is requesting
after-the-fact authorization to retain an existing structure constructed without
a permit. The structure is an approximate 69- by 39-foot covered boathouse,
totaling approximately 2,960 square feet. The water depth at the end of the
structure is approximately 6 feet; Type of Application: U.S.A.C.E. permit
application #21577 under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. 403).
Applicant: Remington Development; Location: The project site is a 1,082-acre
tract located south of the Highway 290 and Barker Cypress Road intersection
in northwest Harris County, Texas. The U.S.G.S. quad map is Cypress. The mitigation
site is located northwest of the Longenbaugh Road and Katy Hockley Road intersection
in the Ley Lowlands Mitigation Area in Harris County, Texas. The U.S.G.S.
quad map for the mitigation site is Warren Lake; Project No.: 99-0060-F1;
Description of Proposed Action: The applicant proposes to fill approximately
6.6 acres of wetlands, within a 1,082-acre tract proposed for the development
of a single-family residential subdivision. A Nationwide Permit 26 was previously
issued to authorize the fill of 2.83 acres of wetlands on the project site
and an additional 13.5 acres of wetlands on the site will be avoided. As mitigation
for the impacts to the wetlands, the applicant proposes to construct 6.6 acres
of wetlands in a 13.2-acre tract in the Ley Lowlands Wetland Mitigation Area.
In addition to the creation of the 6.6 acres of wetlands, another 6.6 acres
of upland/fringe area would be preserved and enhanced. The created wetlands
would consist of shallow depressions excavated at 6-inch contours to create
a varying depth of 0 to 18 inches. The mitigation site will be monitored on
a quarterly basis for the first year following completion of the mitigation
site construction and then annually on the approximate construction anniversary
for four years. The mitigation site achieves 70% areal coverage of vegetative
species that are considered FAC or wetter. The mitigation area will be re-seeded
if 70% areal coverage is not achieved within three years following the completion
of construction; Type of Application: U.S.A.C.E. permit application #21534
under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).
Applicant: Commodore Cove Improvement District; Location: The project is
located in Hide-A-Way On The Gulf subdivision, adjacent to Oyster Creek and
near Freeport, in Brazoria County, Texas. The site can be located on the U.S.G.S.
Oyster Creek, Texas, quadrangle map; Project No.: 99-0061-F1; Description
of Proposed Action: The applicant proposes to amend the work authorized under
Department of the Army Permit No. 20290. The original permit provided authorization
to perform hydraulic maintenance dredging within existing residential canals
located within Hide-A-Way On The Gulf. The permit authorized the removal of
approximately 12,000 cubic yards of dredged material from approximately 11,000
linear feet of canals during each dredging operation, and its placement into
two upland confined dredged material placement areas located within the subdivision,
on either side of a swimming pool and playground. After dredging, each canal
would be 50-feet-wide at the top, 9-feet-wide at the bottom, and 5-feet-deep
at Mean Low Tide. No dredging was to be conducted within the access channel
leading from Oyster Creek into the subdivision, due to the presence of an
oyster reef. The work was to provide access for recreational boats traveling
throughout the subdivision to Oyster Creek. To date, no dredging has been
performed under Permit No. 20290, which expires on December 31, 2005.
The proposed amendment would increase the amount of dredged material from
the previously authorized 12,000 cubic yards to approximately 50,000 cubic
yards, increase the center channel width from 9 feet to 10 feet, and replace
the permitted placement area with a proposed 12.6-acre, upland, confined placement
area. The dredged material volume increased because the channels have not
been dredged for the past 15 to 20 years. Additionally, erosion from unbulkheaded
lots along the channels increased channel shoaling until recently, when the
lots were bulkheaded. The proposed new placement area would be constructed
adjacent to the northeast side of the subdivision next to Sky Sail Road. Dredged
material effluent would flow through a discharge weir and an 18-inch-diameter
PVC pipe to the end of a Hide-A-Way On The Gulf subdivision canal; Type of
Application: U.S.A.C.E. permit application #20290(01) under §10 of the
Rivers and Harbors Act of 1899 (33 U.S.C.A. 403).
FEDERAL AGENCY ACTIVITIES:
Applicant: Corps of Engineers - Channel to Port Bolivar, Texas; Project
No.: 99-0063-F2; Description of Proposed Activity: The applicant proposes
to Maintenance Dredge the Channel to Port Bolivar, Texas. One new option for
beneficial use of dredged material was evaluated and does not appear to have
reasonable costs in proportion to the benefits. All placement areas were identified
and used as described in an Environmental Impact Statement or Environmental
Assessment issued prior to the acceptance of the CMP. The applicant has identified
Coastal Natural Resource Areas (CNRAs) in the project area and determined
the project activities will not adversely impact these CNRAs.
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972
(16 U.S.C.A. §§1451-1464), as amended, interested parties are invited
to submit comments on whether a proposed action is, or is not consistent with
the Texas Coastal Management Program goals and policies, and whether the action
should be referred to the Coastal Coordination Council for review. Further
information for the applications listed above may be obtained from Ms. Janet
Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress
Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us.
Persons are encouraged to submit written comments as soon as possible within
30 days of publication of this notice. Comments should be sent to Ms. Fatheree
at the above address or by fax at 512/475-0680.
TRD-9901307
Larry R. Soward
Chief Clerk
General Land Office
Filed: March 3, 1999
Notices of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Articles 1D.003,
1D.005 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles
5069-1D.003, 1D.005, and 1D.009, Vernon's Texas Civil Statutes).
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 03/01/99 - 03/07/99 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 03/01/99 - 03/07/99 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Art. 1D.005 and 1D.009
3
for the period of 03/01/99 - 03/31/99 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 for the period
of 03/01/99 - 03/31/99 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-9901172
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: February 25, 1999
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in Articles 1D.003,
1D.005, 1D.008, 1D.009, and 1E.003, Title 79, Revised Civil Statutes of Texas,
as amended (Articles 5069-1D.003, 1D.005, 1D.008, 1D.009, and 1E.003 Vernon's
Texas Civil Statutes) and Section 346.101. Tex. Fin. Code.
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 03/08/99 - 03/14/99 is 18% for Consumer
1
/Agricultural/Commercial
The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period
of 03/08/99 - 03/14/99 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by Art. 1D.005 and 1D.009
3
for the period of 03/01/99 - 03/31/99 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The monthly ceiling as prescribed by Art. 1D.005 and 1D.009 for the period
of 03/01/99 - 03/31/99 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by Art. 1D.008 and 1D.009 for
the period of 04/01/99 - 06/30/99 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The standard quarterly rate as prescribed by Art. 1D.008 and 1D.009 for
the period of 04/01/99 - 06/30/99 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by Art. 1D.009
The lender credit card quarterly rate as prescribed by Sec. 346.101 Tex.
Fin. Code
1
for the period of 04/01/99 - 06/30/99
is 14% for Consumer/Agricultural/Commercial/credit thru $250,000.
The standard annual rate as prescribed by Art. 1D.008 and 1D.009 4for the
period of 04/01/99 - 06/30/99 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The standard annual rate as prescribed by Art. 1D.008 and 1D.009 for the
period of 04/01/99 - 06/30/99 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by Art. 1D.009
1
for the period of 04/01/99 - 06/30/99 is 18% for Consumer/Agricultural/Commercial/credit
thru $250,000.
The judgment ceiling as prescribed by Art. 1E.003 for the period of 03/01/99
- 03/31/99 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.
The judgment ceiling as prescribed Art. 1E.003 for the period of 03/01/99
- 03/31/98 is 10% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial, investment
or other similar purpose.
3
For variable rate commercial transactions
only.
4
Only for open-end credit as defined in Art.
5069-1B.002(14)V.T.C.S.
TRD-9901308
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 3, 1999
Certification of Court Reporters
Following the examination of applicants on January 29, 1999, the Texas
Court Reporters Certification Board certified to the Supreme Court of Texas
the following individuals who are qualified in the method indicated to practice
shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:
MACHINE SHORTHAND: Amber Jane Appleton-Abilene; Grayson Renee Clevinger-Houston;
Denise Yvonne Corralez-Condran-Allen; Darla Jean Coulter-Plano; Holly Jo Craven-Amarillo;
Amy Jo Doubenmier-League City; Laura C. Fowlkes-Henderson; Marie Garofalo-Houston;
Kathy Victoria McDaniel-Dallas; Meredith Anne Shoemaker-Richmond; Suzanne
Marie Staggs-New Braunfels; Susie K. Stroud-Arlington; Maria Guadalupe Villarreal-Fort
Worth; Tara Lin Wilson-Seabrook; Christian Shawn Winstead-Bridge City; and
Audra Charis Zahrt-Richardson.
TRD-9901281
Peg Liedtke
Executive Secretary
Texas Court Reporters Certification Board
Filed: March 1,1999
Notice to Bidders
The Texas Department of Criminal Justice invites bids to performs Kitchen
Renovation Work at the Beto Unit, Tennessee Colony, Texas.
The project consists of complete demolition of the existing facility (44,000
square feet). Furnish and install new food service equipment, new floors,
walls, and ceiling and mechanical, electrical and plumbing fixtures and appurtenant
work for a complete job.
The successful bidder will be required to meet the following requirements
and submit evidence of the following:
A. Contractor must have a minimum of five consecutive years of experience
as a General Contractor and provide references for at least three projects
that have been completed of a dollar value and complexity equal to or greater
than the proposed project.
B. Contractor must be bondable and insurable at the levels required.
All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0%
of greatest amount bid. Performance and Payments bonds in the amount of 100%
of the contract amount will be required upon award of a contract. The owner
reserved the right to reject any or all bids, and to waive any informality
or irregularity.
Bid Documents can be obtained from the Architect/Engineer at: Cerna Raba
& Partners, Inc., 8930 Wurzbach, Suite 100, San Antonio, Texas 78240;
phone: (210) 616-0730; fax: (210) 616-0969; Attention: Tom Lamb.
A Pre-Bid conference will be held at the site at 9am on March 30, 1999.
Attendance is mandatory. Bids will be publicly opened and read at 2pm April
15, 1999, in the Blue Room at the Facilities Division located in the warehouse
building of TDCJ Administrative Complex (formally Brown Oil Tool) on Spur
59 off of Highway 75 North, Huntsville, Texas.
The Texas Department of Criminal Justice requires the contractor to make
a good faith effort to include Historically Underutilized Businesses (HUB's)
in at least 2601% of the total value of this construction contract award.
Attention is called to the fact that not less than the minimum wage rates
prescribed in the Special Conditions must be paid on this project.
TRD-9901305
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: March 3, 1999
Notice of Board Vacancy
The Board for Evaluation of Interpreters (BEI) of the Texas Commission
for the Deaf and Hard of Hearing is announcing the opening of two Board positions.
To qualify applicants must have a Level III, IV, or V interpreter certification
issued by the Commission; be a resident of the State of Texas; be an interpreter
who has engaged in the profession of interpreting for people who are deaf,
or must be actively engaged in the profession of providing interpreting services
to people who are deaf at the time of appointment.
Interested individuals should submit a resume and letter of intent to David
W. Myers, Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904,
Austin, Texas 78711.
Applicants should be involved or willing to be involved with the Texas
Commission for the Deaf and Hard of Hearing certification system, and be willing
to attend regularly scheduled meetings of the Board for Evaluation of Interpreters.
Board meetings are held approximately every two months.
This posting will remain open until all positions are filled.
TRD-9901153
David W. Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Filed: February 24, 1999
Corrections of Error
The Texas Department of Health proposed an amendment to 25 TAC §1.161.
The rule appeared in the December 4, 1998 issue of the
Texas Register
(23 TexReg 12081).
The Subchapter M title was published incorrectly by the
Texas Register
. The Subchapter M title should read “Payment of
Franchise Taxes by...” instead of “Payment of Franchise Texas
by...”
The Texas Department of Health adopted repeal to 25 TAC §289.2 and
new 25 TAC §289.301. The rules appeared in the February 5, 1999 issue
of the
Texas Register
(24 TexReg 703).
Due to error by the Texas Department of Health: on page 707, §289.301(g)(7)(B)(ii),
BRC Form should read “301-3” instead of “301-1”.
Due to error by the Texas Department of Health: on page 712, §289.301(cc)(8),
second sentence, should read “The following are accessible...”
instead of “The following table contains accessible...”.
Notice of Public Hearing and Notice of Cancellation of Prior Public Hearing
Multifamily Housing Revenue Bonds
(The Treymore On Duck Creek Apartments ) Series 1999
Notice is hereby given of a public hearing to be held by the Texas Department
of Housing and Community Affairs (the "Department") at The Audubon Recreation
Center, 342 Oates Drive, Garland, Texas, at 6:00 p.m. on March 29, 1999, with
respect to an issue of tax-exempt multifamily residential rental development
revenue bonds in the aggregate principal amount not to exceed $10,500,000
and taxable bonds, if necessary, in an amount to be determined, to be issued
in one or more series (the "Bonds"), by the Department. The proceeds of the
Bonds will be loaned to Carleton-Duck Creek, Ltd. (or a related person or
affiliate thereof) (the "Borrower"), to finance a portion of the acquisition,
construction and equipping of a multifamily development (the "Development")
described as follows: 240 unit multifamily residential rental development
to be constructed on a tract of land located in the 6200 block of Duck Creek
Blvd., Garland, Texas 75043. The Development will be owned and operated by
Carleton-Duck Creek, Ltd. The Development will be managed by Lincoln Property
Company.
On February 11, 1999, the Department published a Notice of Public Hearing
regarding this Development stating that the hearing would be held at The Audubon
Recreation Center on March 4, 1999. At the request of the City of Garland,
THE HEARING ON MARCH 4, 1999 HAS BEEN CANCELLED and reset as described in
this notice.
All interested parties are invited to attend such public hearing to express
their views with respect to the Development and the issuance of the Bonds.
Questions or requests for additional information may be directed to Robert
Onion at the Texas Department of Housing and Community Affairs, 507 Sabine,
Austin, Texas 78701; (512) 475-3872.
Persons who intend to appear at the hearing and express their views are
invited to contact Robert Onion in writing in advance of the hearing. Any
interested persons unable to attend the hearing may submit their views in
writing to Robert Onion prior to the date scheduled for the hearing.
Individuals who require auxiliary aids in order to attend this meeting
should contact Gina Arenas, ADA Responsible Employee, at (512) 475-3943 or
Relay Texas at 1 800 735-2989 at least two days before the meeting so that
appropriate arrangements can be made.
http://www.tdhca.state.tx.us/hf.htm
Individuals who require child care to be provided at this meeting should
contact Dina Gonzalez at (512) 475-3757 at least five days before the meeting
so that appropriate arrangements can be made.
TRD-9901200
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Filed: February 26, 1999
Notices
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Northwestern Pacific Indemnity Company
proposing to use rates that are outside the flexibility band promulgated by
the Commissioner of Insurance pursuant to Texas Insurance Code Annotated,
Article 5.101, §3(g). They are proposing a rate of +30% above the benchmark
for UM/UIM and +40% above the benchmark for PIP, BI, PD, Med. Pay, Comprehensive
and Collision for personal automobile insurance.
Copies of the filing may be obtained by contacting Gifford Ensey, at the
Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin,
Texas 78714-9104, extension (512) 475-1761.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to Art. 5.101, §3(h), is made with
the Chief Actuary, Philip Presley, at the Texas Department of Insurance, MC
105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication
of this notice.
TRD-9901294
Bernice Ross
Deputy Chief Clerk
Department of Insurance
Filed: March 2, 1999
The Commissioner of Insurance, or his designee, will consider approval
of a rate filing request submitted by Texas Pacific Indemnity Company proposing
to use rates that are outside the flexibility band promulgated by the Commissioner
of Insurance pursuant to Texas Insurance Code Annotated, Article 5.101, §3(g).
They are proposing a rate of +30% above the benchmark for UM/UIM and +35%
above the benchmark for PIP, BI, PD, Med. Pay, Comprehensive and Collision
for personal automobile insurance.
Copies of the filing may be obtained by contacting Gifford Ensey, at the
Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin,
Texas 78714-9104, extension (512) 475-1761.
This filing is subject to Department approval without a hearing unless
a properly filed objection, pursuant to Article 5.101, §3(h), is made
with the Chief Actuary, Philip Presley, at the Texas Department of Insurance,
MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication
of this notice.
TRD-9901295
Bernice Ross
Deputy Chief Clerk
Department of Insurance
Filed: March 2, 1999
Notice of Joint Public Hearing
The Health and Human Services Commission and the Texas Department of Mental
Health and Mental Retardation Notice of Joint Public Hearing on the Reimbursement
Rates for Services in Institutions for Mental Diseases (IMD).
The Health and Human Services Commission and the Texas Department of Mental
Health and Mental Retardation will conduct a joint public hearing to receive
public comment on the new reimbursement rates for IMD services, effective
April 1, 1999, through March 31, 1999. The joint hearing will be held in compliance
with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h),
which requires a public hearing on proposed reimbursement rates for medical
assistance programs.
The public hearing will be held on Monday, March 22, 1999, at 9:00 a.m.
in the auditorium of the TDMHMR Central Office building (Building 2) at 909
West 45th Street, Austin, Texas 78751.
Written comments may be submitted to Reimbursement and Analysis Section,
Medicaid Administration, Texas Department of Mental Health and Mental Retardation,
P.O. Box 12668, Austin, Texas 78711-2668, or faxed to (512)206-5693. Hand
deliveries will be accepted at 909 West 45th Street, Austin, Texas 78751.
Comments must be received by noon on Monday, March 22, 1999. Interested parties
may obtain a copy of the reimbursement briefing package by calling the Reimbursement
and Analysis Section at (512) 206-5753. The reimbursement briefing package
will be available 10 days prior to the hearing.
Persons requiring an interpreter for the deaf or hearing impaired or other
accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the
TTY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours
prior to the hearing.
TRD-9901293
Charles Cooper
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: March 2, 1999
Extension of Comment Period (Chapter 70)
In the January 29, 1999, issue of the
Texas Register
(24 TexReg 498), the Texas Natural Resource Conservation Commission
(commission) published proposed amendments to 30 TAC §§70.2, 70.5,
70.7-70.11, 70.51, 70.101, 70.102, and 70.104-70.106, concerning Enforcement.
The preamble to the proposed amendments stated that a public hearing regarding
the proposal would be held March 1, 1999, and that the commission must receive
all written comments by 5:00 p.m., March 1, 1999. However, in the published
proposed version of §70.10(c) (24 TexReg 501), part of the language which
the commission intended to propose as new was not underlined. The commission
published a correction in the February 19, 1999, issue of the
Texas Register
(24 TexReg 1277) in the In Addition section to correctly
identify the new language. Due to a publication error, the §70.10(c)
amendment language in the February 19, 1999, Correction of Error was not correctly
identified. Therefore, the commission has extended the deadline for receipt
of written comments to 5:00 p.m., April 5, 1999, and has published an additional
correction in the March 5, 1999, issue of the
Texas
Register
.
Comments may be submitted to Lisa Martin, Office of Policy and Regulatory
Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to
(512) 239-4808. All comments should reference Rule Log Number 98053-070-AD.
For further information, please contact Brian Christian, Intergovernmental
Relations, (512) 239-1760.
TRD-9901199
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: February 26, 1999
The executive director of the Texas Natural Resource Conservation Commission
(TNRCC) by this notice is issuing a public notice of intent to delete (delist)
a facility from the state registry (state Superfund registry) of sites which
may constitute an imminent and substantial endangerment to public health and
safety or the environment due to a release or threatened release of hazardous
substances into the environment.
The site proposed for deletion is the Newton Wood Preserving Company state
Superfund site that was originally proposed in the
Texas Register
for listing on the state Superfund registry on May 29,
1998 (23 TexReg 5831). The Newton Wood Preserving Company site is located
on Highway 87, two miles south of the City of Newton, Newton County, Texas.
The executive director has determined that this site has been accepted
into the TNRCC Voluntary Cleanup Program and is therefore eligible for deletion
from the list of sites proposed for the state Superfund registry in accordance
with 30 TAC §335.344(c).
In accordance with 30 TAC §335.344(b), the TNRCC shall, upon requests
filed with or initiated by the executive director, hold a public meeting to
receive comment on this intended deletion. This meeting is not considered
a contested case hearing within the meaning of Texas Government Code, Chapter
2001. Requests for a public meeting must be filed with the executive director
before 5:00 p.m., April 12, 1999. If a public meeting is requested, at least
30 days prior to the date set for the meeting, notice shall be provided by
first class mail to all Potentially Responsible Parties and other interested
persons, and by publication in a newspaper of general circulation in the county
where the facility is located. The person submitting the request shall bear
the cost of the publication of the notice. The executive director does not
intend to initiate a public meeting.
If a public meeting challenging this determination of eligibility for deletion
by the executive director is not requested by a Potentially Responsible Party
or any interested person(s) before the designated date, the Newton Wood Preserving
Company state Superfund site will be deleted from the state Superfund registry.
All inquiries regarding the Newton Wood Preserving Company state Superfund
site or requests for a public meeting should be directed to Mr. Dean Perkins,
TNRCC, Remediation Division. MC-143, P. O. Box 13087, Austin, TX 78711-3087;
telephone (800) 633-9363 (within Texas only) or (512) 239-2482. A portion
of the record for this site, including documents pertinent to the executive
director's determination, is available for review during regular business
hours at the Newton Public Library, 200 East High, Newton, Texas (409) 379-8300.
Copies of the complete public file may be obtained during regular business
hours at the TNRCC, Central Records, Building D, North Entrance, Room 190,
12100 Park 35 Circle, Austin, Texas 78753, telephone (800) 633-9363 or (512)
239-2920. Photocopying of file information is subject to payment of a fee.
TRD-9901309
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 3, 1999
Request for Proposals
The Texas Parks and Wildlife Department (TPWD) announces a request for
proposals for recreational trail projects to be funded through the Federal
National Recreational Trails Fund (NRTF). The funds come from a portion of
the federal tax on motor fuel consumed by non-highway recreational vehicles.
Even though the tax is collected from motorized trail users, the act dictates
spending on non-motorized trails as well. These funds will be available through
a reimbursement grant program for trail development, renovation and maintenance.
Eligible projects ranging from $4,000 to $125,000 will be reimbursed up to
80% of the project cost if selected by the Texas Parks and Wildlife Commission
for funding. Government entities, not for profit organizations and private
organizations are eligible to be sponsors of trail projects. All funded projects
must be maintained and open to the general public.
Application forms and program guidelines are available from Texas Parks
and Wildlife by writing the Department at 4200 Smith School Road, Austin,
Texas 78744, attention Land Conservation Program or by calling (512) 389-4868.
Completed applications must be received or postmarked by June 1, 1999. Contact
person is Andy Goldbloom at (512) 389-4737.
TRD-9901248
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: March 1,1999
Intent to Award Grant
The Texas Rehabilitation Commission announces its intention to award a
grant on behalf of the Texas Planning Council for Developmental Disabilities
to the Texas Health and Human Services Commission, 4900 North Lamar Boulevard,
Austin, Texas to continue the activities of the Texas Information and Referral
Network (formerly the Information and Referral Project).
Background: On January 1, 1990 the Texas Health and Human Services Coordinating
Council was awarded a grant to conduct a study of information and referral
(I&R) needs and services in Texas and complete a plan for development
of an I&R system. On September 1, 1991, the grant was transferred to the
Office of the Governor. On September 1, 1993, the grant was transferred to
the Texas Health and Human Services Commission. The current authorization
of this grant ends December 31, 1998. The Texas Information and Referral Network
has designed and is working toward the implementation of an automated system
and a single telephone number for access to health and human services resources
information. In December 1998, the staff and task force published "A plan
to Increase Access to Health and Human Services Information." The Plan describes
how the Network will actually happen and will guide the activities of the
staff, task force, consultants and partners during the proposed grant cycle.
During this upcoming grant cycle, the Texas I&R Network will focus on
continued development of the Area Information Centers, the assignment of the
211 code, expanding partnerships opportunities, the specifications and software
for the automated system.
Description of Project: The outcome of this grant activity is a statewide
network of information and referral services coordinated through local and
regional centers. TIRN will also publish the Finding Help in Texas Directory,
Promoting I&R standards, identifying the "Hubs" or community information
centers, building an automated clearinghouse of information and continue to
provide technical assistance and enhancement of the local and state I&R
network.
Terms and Funding: Funding for this grant will begin January 1, 1999 and
end August 31, 1999. Funding will not exceed $230,000 during this period.
For information on any aspect of this announcement, contact: Don McKnight,
Texas Planning Council for Developmental Disabilities, 4900 North Lamar Boulevard,
Austin, Texas 78751-2399, (512) 424-4084.
TRD-9901291
Charles Schiesser
Chief of Staff
Texas Planning Council for Developmental Disabilities
Filed: March 2, 1999
Application to Introduce New or Modified Rates or Terms Pursuant to Public Utility Commission Substantive Rule §23.25
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on March 1, 1999 to introduce new or modified rates or
terms pursuant to Public Utility Commission Substantive Rule §23.25,
Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies
(ILECs).
Tariff Title and Number: Application of GTE Southwest, Inc. to Waive the
Nonrecurring Charge and the First Monthly Recurring Charge for Discretionary
Services, Call Forwarding - Variable Feature Pursuant to Public Utility Commisison
Substantive Rule §23.25. Tariff Control Number 20573.
The Application: GTE Southwest, Inc. (GTE) has filed an application to
waive the nonrecurring charge of $13.50 and the first month recurring charge
of $2.25 for Texas business and multi-line customers ordering Custom Calling
Services Call Forwarding - Variable feature during the period from April 1,
1999 through June 30, 1999. The only service affected by this waiver is Call
Forwarding - Variable. GTE requests an effective date of April 1, 1999.
Persons who wish to intervene in this proceeding should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 by
March 26, 1999. Hearing and speech-impaired individuals with text telephone
(TTY) may contact the commission at (512) 936-7136.
TRD-9901304
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application for authority to revise fixed fuel factors on February
23, 1999, pursuant to the Public Utility Regulatory Act, Texas Utilities Code
Annotated §36.203 (Vernon 1998).
Docket Style and Number: Application of Southwestern Public Service Company
for: (1) Authority to Revise its Fixed Fuel Factors; (2) Authority to Make
an Interim Fuel Refund; and (3) Related Good Cause Waivers. Docket Control
Number 20551.
The Application: Southwestern Public Service Company requests authority
to reduce its fixed fuel factors and issue an interim fuel refund, pursuant
to the Public Utility Regulatory Act §36.203.
Persons who wish to intervene in the proceeding or comment upon the action
sought should contact, not later than March 15, 1999, the Public Utility Commission
of Texas, PO Box 13326, Austin, Texas 78711-3326, or call the commission's
Office of Consumer Protection at (512) 936- 7120. Hearing- and speech-impaired
individuals with text telephones (TTY) may contact the commission at (512)
936-7136.
TRD-9901171
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: February 24, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of five applications on February 11, 1999, for extension
of the filing deadline contained in Public Utility Commission Substantive
Rule §23.103(f).
Project Titles and Numbers: Application of Dell Telephone Cooperative,
Inc. for Extension of the Filing Deadline in Public Utility Commission Substantive
Rule §23.103(f), Project Number 20474; Application of La Ward Telephone
Exchange, Inc. for Extension of the Filing Deadline in Public Utility Commission
Substantive Rule §23.103(f), Project Number 20475; Application of Colorado
Valley Telephone Cooperative, Inc. for Extension of the Filing Deadline in
Public Utility Commission Substantive Rule §23.103(f), Project Number
20476; Application of Ganado Telephone Company, Inc. for Extension of the
Filing Deadline in Public Utility Commission Substantive Rule §23.103(f),
Project Number 20477; Application of Lake Livingston Telephone Company, Inc.
for Extension of the Filing Deadline in Public Utility Commission Substantive
Rule §23.103(f), Project Number 20478. (Applicants)
The Applications: Applicants request an extension of the filing deadline
contained in Public Utility Commission Substantive Rule §23.103(f) which
allows a dominant certified telecommunications utility (DCTU) to impose an
annual surcharge to recover certain costs associated with the implementation
of intraLATA equal access. To impose a surcharge a DCTU must file with the
commission by February 15 of each year an application for approval of a tariff
imposing this surcharge. The amount of the surcharge is computed using a formula
based on the total intraLATA toll minutes of use.
Applicants request the commission extend the filing deadline for application
under Public Utility Commission Substantive Rule §23.103(f) from February
15, 1999 until September 15, 1999, in order to accumulate actual cost data
to compute a proper division of the implementation costs between applicants
and the intraLATA toll providers.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 on
or before March 22, 1999. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136. Please reference
the appropriate project number.
TRD-9901284
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application on February 25, 1999, for a service provider certificate
of operating authority (SPCOA), pursuant to §§54.154-54.159 of the
Public Utility Regulatory Act (PURA). A summary of the application follows.
Docket Title and Number: Application of Central Texas Communications, Inc.
for a Service Provider Certificate of Operating Authority, Docket Number 20565
before the Public Utility Commission of Texas.
Applicant intends to provide facilities-based local exchange and telecommunications
services, switched and dedicated access services, and to the extent necessary,
resold telecommunication services of the incumbent local exchange carrier.
Applicant's requested SPCOA geographic area includes the geographic area
of Texas currently served by GTE Southwest, Inc.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512)936-7120 no
later than March 17, 1999. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136.
TRD-9901303
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2, 1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) of two applications on February 19, 1999, for waiver
and extension of the filing deadline contained in Public Utility Commission
Substantive Rule §23.103(f).
Project Titles and Numbers: Application of Big Bend Telephone Company,
Inc. for Waiver and Extension of the Filing Deadline in Public Utility Commission
Substantive Rule §23.103(f), Project Number 20534; Application of Eastex
Telephone Cooperative, Inc. for Waiver and Extension of the Filing Deadline
in Public Utility Commission Substantive Rule §23.103(f), Project Number
20535. (Applicants)
The Applications: Applicants request a waiver and extension of the filing
deadline contained in Public Utility Commission Substantive Rule §23.103(f)
which allows a dominant certified telecommunications utility (DCTU) to impose
an annual surcharge to recover certain costs associated with the implementation
of intraLATA equal access. To impose a surcharge a DCTU must file with the
commission by February 15 of each year an application for approval of a tariff
imposing this surcharge. The amount of the surcharge is computed using a formula
based on the total intraLATA toll minutes of use.
Applicants request the commission extend the filing deadline for application
under Public Utility Commission Substantive Rule §23.103(f) from February
15, 1999 until September 15, 1999, in order to accumulate actual cost data
to compute a proper division of the implementation costs between applicants
and the intraLATA toll providers.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326,
or call the commission's Office of Customer Protection at (512) 936-7120 on
or before March 22, 1999. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136. Please reference
the appropriate project number.
TRD-9901283
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1,1999
Notice is given to the public of the filing with the Public Utility Commission
of Texas (commission) an application on February 22, 1999, pursuant to Public
Utility Commission Substantive Rule §23.94 for approval of a rate change.
Tariff Title and Number: Application of Livingston Telephone Company, Inc.
for Approval to Offer New Optional Services Pursuant to Public Utility Commission
Substantive Rule §23.94. Tariff Control Number 20539.
The Application: Livingston Telephone Company, Inc. (Livingston or the
company) seeks approval to offer three new services: Caller ID Call Waiting,
Call Forwarding Busy Line and Call Forwarding Don't Answer. Livingston proposes
an effective date of June 1, 1999. The company estimates the proposed new
services will result in an increase of $3,162 in intrastate gross annual revenues.
Subscribers of Livingston have a right to petition the commission for review
of this proposed increase by filing a protest with the commission. The protest
must be signed by a minimum of 5.0%, or 347 affected local service customers,
and must be received by the commission no later than April 23, 1999.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326,
or call the Public tility Commission Office of Customer Protection at (512)
936-7120 on or before April 23, 1999. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136. Please
reference Tariff Control Number 20539.
TRD-9901302
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2, 1999
The Public Utility Commission of Texas (PUC) has initiated Project Number
20057 to consider area code relief in the 409 area code. On February 10, 1999
the North American Numbering Plan Administrator (NANPA), Lockheed Martin IMS,
filed a recommendation on behalf of the telecommunications service providers
(Industry) in the 409 area code proposing the addition of a new all-services
overlay area code covering the entire 409 area code.
The PUC staff invites the public to provide input on the proposed Industry
recommended plan, and any other possible alternatives, by attending any of
the following meetings:
Monday, March 22, 1999, 7:00 p.m. to 9:00 p.m.
County Courthouse Courtroom
400 Spring Street
Columbus, Texas 78934
Tuesday, March 23, 1999, 7:00 p.m. to 9:00 p.m.
City Hall, Counsel Chambers
823 Rosenberg (also 25th Street)
Galveston, Texas 77550
Wednesday, March 24, 1999, 3:00 p.m. to 5:00 p.m.
Lamar University, John Gray Center
850 Florida Street
Beaumont, Texas 77710
Wednesday, March 24, 1999, 7:00 p.m. to 9:00 p.m.
Lamar University, John Gray Center
850 Florida Street
Beaumont, Texas 77710
Thursday, March 25, 1999, 7:00 p.m. to 9:00 p.m.
Angelina County Meeting Room
215 East Lufkin Avenue
Lufkin, Texas 75901
Friday, March 26, 1999, 3:00 p.m. to 5:00 p.m.
City Hall
1212 Avenue M
Huntsville, Texas 77340
Friday, March 26, 1999, 6:00 p.m. to 8:00 p.m.
Bryan-College Station
College Station Conference Center
1300 George Bush Drive
College Station, Texas 77840
Incorporating input from the public and the industry, PUC staff is expected
to make a final recommendation on an area code relief plan for the 409 area
code at the regular PUC Open Meeting on April 8, 1999. The Industry and preliminary
staff recommendations are available on the PUC website at puc.state.tx.us/projects/20057ind.htm.
For more information contact Linda Hymans at (512) 936-7321, or e-mail
linda.hymans@puc.state.tx.us. All inquiries or written comments should reference
Project Number 20057.
Persons with disabilities who plan to attend these meetings and who may
need auxiliary aids or services such as interpreters for persons who are deaf
or hearing impaired, readers, large print or braille, are requested to contact
the PUC at (512) 936-7349 at least two business days prior to the appropriate
meeting so that appropriate arrangements can be made. The PUC's TTY phone
number for the hearing impaired is (512) 936-7136.
TRD-9901282
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 1,1999
On February 19, 1999, Southwestern Bell Telephone Company and Frontier
Local Services, Inc., collectively referred to as applicants, filed a joint
application for approval of an amendment to an existing interconnection agreement
under §252(i) of the federal Telecommunications Act of 1996, Public Law
Number 104-104, 110 Statute 56, (codified as amended in scattered sections
of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act,
Texas Utilities Code Annotated §§ 11.001-63.063 (Vernon 1998) (PURA).
The joint application has been designated Docket Number 20533. The joint application
and the underlying interconnection agreement are available for public inspection
at the commission's offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 13 copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
20533. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by noon, March 24, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to Public Utility Commission Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20533.
TRD-9901298
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2,1999
On February 18, 1999, Southwestern Bell Telephone Company and Fort Bend
Long Distance doing business as Fort Bend Communications, collectively referred
to as applicants, filed a joint application for approval of an amendment to
an existing interconnection agreement under §252(i) of the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063
(Vernon 1998) (PURA). The joint application has been designated Docket Number
20530. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the amendment
to the interconnection agreement. Any interested person may file written comments
on the joint application by filing 13 copies of the comments with the commission's
filing clerk. Additionally, a copy of the comments should be served on each
of the applicants. The comments should specifically refer to Docket Number
20530. As a part of the comments, an interested person may request that a
public hearing be conducted. The comments, including any request for public
hearing, shall be filed by noon, March 24, 1999, and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to Public Utility Commission Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20530.
TRD-9901297
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2,1999
On February 25, 1999, Navigator Telecommunications and GTE Southwest,
Inc., collectively referred to as applicants, filed a joint application for
approval of an interconnection agreement under the federal Telecommunications
Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended
in scattered sections of 15 and 47 United States Code) (FTA) and the Public
Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063
(Vernon 1998) (PURA). The joint application has been designated Docket Number
20566. The joint application and the underlying interconnection agreement
are available for public inspection at the commission's offices in Austin,
Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2)
the commission may reject any agreement if it finds that the agreement discriminates
against a telecommunications carrier not a party to the agreement, or that
implementation of the agreement, or any portion thereof, is not consistent
with the public interest, convenience, and necessity. Additionally, under
FTA §252(e)(3), the commission may establish or enforce other requirements
of state law in its review of the agreement, including requiring compliance
with intrastate telecommunications service quality standards or requirements.
The commission must act to approve the agreement within 90 days after it is
submitted by the parties. The parties have requested expedited review of this
application.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20566. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by March 23, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will determine whether to
conduct further proceedings concerning the joint application. The commission
shall have the authority given to a presiding officer pursuant to Public Utility
Commission Procedural Rule §22.202. The commission may identify issues
raised by the joint application and comments and establish a schedule for
addressing those issues, including the submission of evidence by the applicants,
if necessary, and briefing and oral argument. The commission may conduct a
public hearing. Interested persons who file comments are not entitled to participate
as intervenors in the public hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20566.
TRD-9901301
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2,1999
On February 24, 1999, Southwestern Bell Telephone Company and LEC Unwired,
LLC, collectively referred to as applicants, filed a joint application for
approval of an existing interconnection agreement under §252(i) of the
federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute
56, (codified as amended in scattered sections of 15 and 47 United States
Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated
§§11.001-63.063 (Vernon 1998) (PURA). The joint application has
been designated Docket Number 20560. The joint application and the underlying
interconnection agreement are available for public inspection at the commission's
offices in Austin, Texas.
The commission must act to approve the interconnection agreement within
35 days after it is submitted by the parties.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20560. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by March 23, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will issue a notice of approval,
denial, or determine whether to conduct further proceedings concerning the
joint application. The commission shall have the authority given to a presiding
officer pursuant to Public Utility Commission Procedural Rule §22.202.
The commission may identify issues raised by the joint application and comments
and establish a schedule for addressing those issues, including the submission
of evidence by the applicants, if necessary, and briefing and oral argument.
The commission may conduct a public hearing. Interested persons who file comments
are not entitled to participate as intervenors in the public hearing.
Persons with questions about this project or who wish to comment on the
joint application should contact the Public Utility Commission of Texas, 1701
North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call
the Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20560.
TRD-9901300
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2,1999
On February 22, 1999, Fort Bend Telephone Company and Houston Cellular,
collectively referred to as applicants, filed a joint application for approval
of an interconnection agreement under the federal Telecommunications Act of
1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered
sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory
Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998)
(PURA). The joint application has been designated Docket Number 20541. The
joint application and the underlying interconnection agreement are available
for public inspection at the commission's offices in Austin, Texas.
The FTA authorizes the commission to review and approve any interconnection
agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2)
the commission may reject any agreement if it finds that the agreement discriminates
against a telecommunications carrier not a party to the agreement, or that
implementation of the agreement, or any portion thereof, is not consistent
with the public interest, convenience, and necessity. Additionally, under
FTA §252(e)(3), the commission may establish or enforce other requirements
of state law in its review of the agreement, including requiring compliance
with intrastate telecommunications service quality standards or requirements.
The commission must act to approve the agreement within 90 days after it is
submitted by the parties. The parties have requested expedited review of this
application.
The commission finds that additional public comment should be allowed before
the commission issues a final decision approving or rejecting the interconnection
agreement. Any interested person may file written comments on the joint application
by filing 13 copies of the comments with the commission's filing clerk. Additionally,
a copy of the comments should be served on each of the applicants. The comments
should specifically refer to Docket Number 20541. As a part of the comments,
an interested person may request that a public hearing be conducted. The comments,
including any request for public hearing, shall be filed by March 23, 1999,
and shall include:
1) a detailed statement of the person's interests in the agreement, including
a description of how approval of the agreement may adversely affect those
interests;
2) specific allegations that the agreement, or some portion thereof:
a) discriminates against a telecommunications carrier that is not a party
to the agreement; or
b) is not consistent with the public interest, convenience, and necessity;
or
c) is not consistent with other requirements of state law; and
3) the specific facts upon which the allegations are based.
After reviewing any comments, the commission will determine whether to
conduct further proceedings concerning the joint application. The commission
shall have the authority given to a presiding officer pursuant to Public Utility
Commission Procedural Rule §22.202. The commission may identify issues
raised by the joint application and comments and establish a schedule for
addressing those issues, including the submission of evidence by the applicants,
if necessary, and briefing and oral argument. The commission may conduct a
public hearing. Interested persons who file comments are not entitled to participate
as intervenors in the public hearing.
Persons with questions about this docket or who wish to comment on the
application should contact the Public Utility Commission of Texas, 1701 North
Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the
Public Utility Commission Office of Customer Protection at (512) 936-7120.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136. All correspondence should refer to Docket
Number 20541.
TRD-9901299
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2,1999
The Public Utility Commission of Texas (commission) proposes a new reporting
form relating to the reporting of transmission line projects. Project Number
20574 has been assigned to this proceeding. The proposed new form will be
used to report planned activities described in the commission's recently adopted
rule §25.101(c)(2)(C) (relating to Certification Criteria) and construction
activities described in rule §25.83 (relating to Construction Reports).
The proposed form and process will combine the construction reporting requirement
with the "exempt CCN" process.
Copies of the proposed form are available in the commission's Central Records
Division under Project Number 20574. The commission staff will conduct a workshop
on this form from 9:30 to 11:30 a.m., Monday, April 12, 1999 in the Commissioner's
Hearing Room at the commission's offices, located in the William B. Travis
Building, 1701 North Congress Avenue, Austin, Texas 78701. Comments on the
proposed form may be submitted to the Filing Clerk, Public Utility Commission
of Texas, 1701 North Congress Avenue, Austin, Texas 78701 within 21 days after
publication of this notice. All comments should refer to Project Number 20574.
Any questions pertaining to the proposed form or workshop should be directed
to Harold Hughes at (512) 936-7345 or Tony Grasso at (512) 936-7385. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136.
TRD-9901296
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 2,1999
Request for Proposal
Riceland Regional MHA is issuing a Request for Proposal to provide clinical
management and administrative services relating to the operation of a 24 bed
free standing adult psychiatric hospital, partial hospital program and intensive
outpatient services. Proposals must be submitted by March 19, 1999. To obtain
a copy of the RFP contact:
Amanda Darr, Chief Financial Officer
Riceland Regional Mental Health Authority
P.O. Box 869
Wharton, Texas 77488
(409) 532-3098
(409) 532-0092 Fax
TRD-9900246
Marjorie Dornak
Administrative Assistant
Riceland Regional Mental Health Authority
Filed: March 1, 1999
Applications Received
Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
Greater Texoma Utility Authority, on behalf of the Cities of Gunter, Howe
and Pottsoboro, 5100 Airport Drive, Denison, Texas, 75020, received February
1, 1999, application for financial assistance in the amount of $575,000 from
the Texas Water Development Funds.
Brookesmith Special Utility District, P.O. Box 27, Brownwood, Texas, 76804,
received January 28, 1999, application for financial assistance in the amount
of $7,900,000 from the Texas Water Development Funds.
City of Huxley, Route 1, Box 1410, Shelbyville, Texas 75973, received January
4, 1999, application for financial assistance in the amount of $890,000 from
the Texas Water Development Funds.
City of Log Cabin, 14387 Alamo Road, Log Cabin, Texas, 75148, received
January 8, 1999, application for financial assistance in the amount of $1,840,000
from the Texas Water Development Funds.
City of Pineland, P.O. Box 6, Pineland, Texas, 75968, received February
5, 1999, application for additional grant assistance in the amount of $20,000
from the Economically Distressed Areas Account of the Texas Water Development
Fund.
Research and Planning Consultants, 7600 Chevy Chase Drive, Suite 500, Austin,
Texas, 78752, received November 13,1998, application for grant assistance
in the amount of $62,330 from the Research and Planning Fund.
Reed-Stowe & Co., Inc., 5806 Mesa Drive, Suite 310, Austin, Texas,
78731, received November 13, 1998, application for grant assistance in the
amount of $89,595 from the Research and Planning Fund.
Texas A&M University, Department of Rural Sociology, Special Services
Building, College Station, Texas, 77843-2125, received February 18, 1999,
application for grant assistance in the amount of $71,266 from the Research
and Planning Fund.
Additional information concerning this matter may be obtained from Craig
D. Pedersen, Executive Administrator, P.O. Box 13231, Austin, Texas, 78711.
TRD-9901306
Gail L. Allan
Director of Project-Related Legal Services
Texas Water Development Board
Filed: March 3, 1999
Coastal Coordination Council
Office of Consumer Credit Commissioner
Texas Court Reporters Certification Board
Texas Department of Criminal Justice
Texas Commission for the Deaf and Hard of Hearing
Texas Department of Health
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Texas Department of Mental Health and Mental Retardation
Texas Natural Resource Conservation Commission
Notice of Intent to Delete
Texas Parks and Wildlife Department
Texas Planning Council for Developmental Disabilities
Public Utility Commission of Texas
Notice of Application for Authority to Revise Fixed Fuel Factors
Notice of Applications for Extension of Filing Deadline Under Public Utility Commission Substantive Rule §23.103(f)
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Applications for Waiver and Extension of Filing Deadline Under Public Utility Commission Substantive Rule §23.103(f)
Notice of Application Pursuant to Public Utility Commission Substantive Rule §23.94
Notice of Public Meetings Regarding Proposed Changes In the 409 Area Code
Public Notices of Amendment to Interconnection Agreement
Public Notices of Interconnection Agreement
Public Notice of Workshop and Reporting Form for Transmission Line Projects
Riceland Regional Mental Health Authority
Texas Water Development Board
Texas Workforce Commission